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Frederick H. Davis

Partner

Fred represents clients in class action, intellectual property, and consumer protection litigation. A former in-house counsel, he also advises businesses on IP protection and enforcement and data privacy and security and helps growing companies leverage firm expertise.

As a commercial litigator, Fred works with the firm's Arkansas and national practice groups representing clients in class action and consumer protection defense; patent, trademark, copyright, and trade secret litigation; and business disputes. Fred has counseled and advocated for clients through all phases of litigation, from investigation, pre-suit demand, and early resolution through trial and appeal. He has litigated in the state and federal courts of Arkansas, California, Minnesota, and North Carolina and briefed appeals to the Arkansas Court of Appeals, the Arkansas Supreme Court and the Eighth and Federal Circuit Courts of Appeals.

Formerly in-house counsel for the health insurance business of a national nonprofit health system, he also advises technology, data-management, financial-services, and health-care clients on IP protection and enforcement and data privacy and security. He also helps growing companies leverage firm expertise on transactions, raising capital, and equity compensation. Fred understands the value of efficient, clear, frank, and solution-oriented counsel.

Fred’s IP work includes successfully protecting and enforcing property rights, defending infringement allegations, and invalidating asserted patents. His engagements have involved patents related to recreational vehicle and medical device technology, trademarks of successful sports programs and Fortune 500 companies, copyrights on computer code, and trade secrets of e-commerce and cryptocurrency companies.

Fred is proud of his pro bono work. He has represented a prisoner in his successful First Amendment claim against a state correctional system, abandoned immigrant children seeking permanent legal status, and nonprofit organizations dealing with compliance, operational, and funding challenges and goals.

Publications & Presentations
Government Service
  • United States Attorney’s Office for the Western District of Arkansas in Fort Smith (law clerk)
  • Judge Robin Wynne, Arkansas Court of Appeals (law clerk, 2012)
  • Office of the General Counsel, University of Arkansas, Fayetteville (student law clerk)
Community Involvement
  • ACCESS® Group, Inc. (Board of Directors; Development Council; Co-chair, Bingo Bash, 2017)
  • Arkansas Symphony Orchestra (SHARP member)
  • Oxford American (OA Society member)

Class Action
  • Represented energy company in competing royalty class actions and mass actions of more than 12,000 class members filed in state and federal courts, including CAFA removal, opposition to class certification, appeal of overlapping class-certification decisions, dispositive motions, and trial.
  • In federal case, Smith v. SEECO, Inc. et al., after a two-week trial, co-counsel and firm achieved a complete defense victory, with the jury rejecting the plaintiff’s claim for $300 million in actual and punitive damages and penalties.
  • Defended competing shareholder class actions and individual suits in state and federal court seeking to block merger transaction of publicly held client.
  • Pre-certification defense and dismissal of putative Telephone Consumer Protection Act (TCPA) class action against healthcare information, services, and technology company.
Intellectual Property
  • Defended patent infringement action Bombardier Recreational Products and BRP U.S. Inc. v. Arctic Cat (D. Minn), including Markman and dispositive motion proceedings and post-trial protection of verdict. After a three week-trial, the jury invalidated BRP’s asserted patents.
  • Assisted with briefing to the Federal Circuit Court of Appeals, including defense of invalidity judgment and client’s $46 million patent-infringement judgment. 
  • Drafted and analyzed arguments for Markman and dispositive motions in several patent-infringement cases.
  • Advised university on intellectual property portfolio, including trademark protection and licensing.
  • Represented financial-services company in protecting trade secret and proprietary information from public disclosure under the Arkansas Freedom of Information Act.
Consumer Protection Defense
  • Defense of TCPA class action against healthcare information, services, and technology company, resulting in precertification dismissal.
  • Defense of single-plaintiff TCPA claim alleging hundreds of unauthorized, automated calls against financial services and technology company, successfully compelling arbitration and achieving nominal settlement.
  • Advised industry leading data-management company on compliance with data privacy and security regulations, including requirements related to the TCPA, HIPAA, HITECH, and the Affordable Care Act.
Pro Bono
  • Represented Muslim inmate in religious exercise claims under the First Amendment and RLUIPA against the Arkansas Department of Corrections. After a federal bench trial, the court found the Department’s meal-plan policy violated the federal statute and constitution by burdening Mr. Muhammad’s sincere religious belief that he keep a halal diet and consume halal meat daily and that the Department failed to show its policy was related to legitimate prison concerns.
  • Obtained state court predicate orders for applications of abandoned immigrant children for special immigrant juvenile status

  • Super Lawyers, Mid-South “Rising Star,” 2017-2018
  • American Society of Law, Medicine and Ethics, Health Law Student Award, 2011